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The Planning (Control of Advertisements) (Amendment) Regulations (Northern Ireland) 2009
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- 2009 No. 17
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Planning (Control of Advertisements) Regulations (Northern Ireland) 1992 (“the principal Regulations”).
The main changes made by the Regulations are—
(a)Regulation 3 provides a definition of “amenity”;
(b)Regulation 4 adds certain limitations (discontinuance of deemed consent where it appears to the Department that a substantial injury to the amenity of the locality or a danger to public safety needs to be remedied) to granting deemed consent for the display of an advertisement;
(c)In the principal Regulations, regulation 6 enables the Department to direct that express consent is required before certain advertisements may be displayed, for which deemed consent would otherwise be available. Directions may not be given in respect of advertisements in Class 10 (advertisements inside buildings) and under these amending Regulations (regulation 5) the new Class 12 (Advertisements on sites used for preceding ten years for display of advertisements without express consent);
(d)Regulation 6 introduces new provisions to enable the Department to remedy what appears to the Department to be substantial injury to the amenity of the locality or a danger to public safety, by making a discontinuance order. A discontinuance order may require the display of a particular advertisement for which there is deemed consent, or the use of a particular site for the display of advertisements for which there is deemed consent, to be discontinued;
(e)Regulation 7 introduces deemed consent in relation to advertisements on sites used for preceding ten years for display of advertisements without express consent (Class 12, Part 1 of Schedule 3 to the principal Regulations).
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